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Holidaying in the USA with a possible criminal conviction???

Holidaying in the USA with a possible criminal conviction???

Old Dec 14th 2007, 3:54 pm
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Default Holidaying in the USA with a possible criminal conviction???

Hi I'm a UK citizen and wanting to visit the US. However 13 years ago while travelling back from Key West to Orlando I was caught speeding. A ticket was produced by the police officer and it gave me (I think) 14 days to pay the fine. We left Orlando 9 days before the time to pay was up. When I got home I sent a UK cheque but I am unsure if the cheque went through or not. My dilemma is: If the fine wasn't paid will there be a warrant out for my arrest? or Because it's so long ago will it be forgotten about? I look forward to your comments.
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Old Dec 14th 2007, 4:02 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by rji888 View Post
Hi I'm a UK citizen and wanting to visit the US. However 13 years ago while travelling back from Key West to Orlando I was caught speeding. A ticket was produced by the police officer and it gave me (I think) 14 days to pay the fine. We left Orlando 9 days before the time to pay was up. When I got home I sent a UK cheque but I am unsure if the cheque went through or not. My dilemma is: If the fine wasn't paid will there be a warrant out for my arrest? or Because it's so long ago will it be forgotten about? I look forward to your comments.
Oh crap! They just started to clamp down on those cases too. There are so many holidayers skipping fines and thinking they can get away with it, it amounts to millions a year in lost state revenue. There's a special task force been set up to investigate these backdated 15 years and those unlucky enough to be traced face permanent ban from port of entry in addition to a very hefty fine at that point if you try to get in.

Suggest you get cosmetic surgery and have your name changed. A house in some country apart from extradition treaties might be advisable such as Hungary or Bosnia.

Good luck.







(Actually, I haven't a clue - just really, really bored at work)
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Old Dec 14th 2007, 4:38 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by rji888 View Post
When I got home I sent a UK cheque but I am unsure if the cheque went through or not.
Do you have proof that you sent a cheque? Florida doesn't usually issue bench warrants for moving violations! My advice, don't fly into Florida.

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Old Dec 14th 2007, 6:05 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by ian-mstm View Post
Do you have proof that you sent a cheque? Florida doesn't usually issue bench warrants for moving violations! My advice, don't fly into Florida.

Ian
Wouldn't that be past the statute of limitations anyway? (usually 7 years) So safe from a legal standpoint?

Can't see the immigration implications - I can't see how it could be a CIMT...
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Old Dec 14th 2007, 6:45 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by rji888 View Post
Hi I'm a UK citizen and wanting to visit the US. However 13 years ago while travelling back from Key West to Orlando I was caught speeding. A ticket was produced by the police officer and it gave me (I think) 14 days to pay the fine. We left Orlando 9 days before the time to pay was up. When I got home I sent a UK cheque but I am unsure if the cheque went through or not. My dilemma is: If the fine wasn't paid will there be a warrant out for my arrest? or Because it's so long ago will it be forgotten about? I look forward to your comments.
In any case you just did not pay a fine you are not a criminal; there are no implications concerning immigration for not paying fines; besides, the statute of limitations run a long time ago; you have nothing to worry about; have a nice trip but don't speed again, ehhh?
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Old Dec 14th 2007, 11:36 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by marielawson View Post
In any case you just did not pay a fine you are not a criminal; there are no implications concerning immigration for not paying fines; besides, the statute of limitations run a long time ago; you have nothing to worry about; have a nice trip but don't speed again, ehhh?
Can you back any of that up? Not paying a fine here in TX leads to a warrant being issued for your arrest. That, in turn, would be something you'd have to mention in the context of any immigration questions regarding your criminal record, regardless of how long ago it was, or how trivial the crime.

EDIT: Oh, I forgot! You're a lawyer. How are you covered for giving legal advice on these boards? That was legal advice you just gave him, wasn't it? You know, all that stuff about statute of limitations?

Last edited by dbj1000; Dec 14th 2007 at 11:38 pm.
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Old Dec 15th 2007, 5:02 am
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by dbj1000 View Post
Can you back any of that up? Not paying a fine here in TX leads to a warrant being issued for your arrest. That, in turn, would be something you'd have to mention in the context of any immigration questions regarding your criminal record, regardless of how long ago it was, or how trivial the crime.

EDIT: Oh, I forgot! You're a lawyer. How are you covered for giving legal advice on these boards? That was legal advice you just gave him, wasn't it? You know, all that stuff about statute of limitations?
A speeding ticket in Texas is a Class C misdemeanor and the Statute of Limitations is 2 years.

"Class C misdemeanors - Punishable by a fine not to exceed $500. As there is no jail sentence possible, regular probation cannot be given in these cases. However, a special deferred adjudication probation is a possibility for many first time offenders. This type of probation results in no conviction once the case is resolved. Speeding is one example of a Class C Misdemeanor."

The non payment of a fine may result in the suspension of the license for a period under the Judge's discretion based on the totality of the circumstamces. To suspend a license or issue an arrest warrant it is mandatory that the Court notifies in writing to Driver at the address shown in the Driver's License. Generally Traffic Courts do not accept funds from out of the US, for that reason they tend to be lenient regarding speeding/traffic tickets issued to tourists; in any case the right course of action would be to pay the fine.

This is a lay person's opinion. I may or may not be a lawyer, but certainly I am not your lawyer nor anyone else's in this Forum. The Supreme Court has held that no attorney/client relationships are established in Forums where only gratuitous opinions or suggestions are exchanged and no fiduciary relationship was created.

Got it?
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Old Dec 15th 2007, 10:23 am
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by marielawson View Post
The Supreme Court has held that no attorney/client relationships are established in Forums where only gratuitous opinions or suggestions are exchanged and no fiduciary relationship was created.
Hi:

Which Supreme Court? I'm truly curious. A citation would be appreciated.
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Old Dec 15th 2007, 5:06 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Originally Posted by Folinskyinla View Post
Which Supreme Court? I'm truly curious. A citation would be appreciated.
You know you're not going to get an answer. If the person isn't a lawyer, she won't say anything in an effort to hide behind the forum's relative anonymity. If the person is a lawyer, she would have already said so for no other reason than to enhance her credibility.

I'm guessing the person is a wannabe lawyer... perhaps a paralegal or, more likely, a receptionist.

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Old Dec 15th 2007, 5:24 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

The OP only wanted to visit for a vacation, not move here.

Originally Posted by dbj1000 View Post
Can you back any of that up? Not paying a fine here in TX leads to a warrant being issued for your arrest. That, in turn, would be something you'd have to mention in the context of any immigration questions regarding your criminal record, regardless of how long ago it was, or how trivial the crime.
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Old Dec 15th 2007, 6:51 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

I'm guessing the person is a wannabe lawyer... perhaps a paralegal or, more likely, a receptionist.

Ian[/QUOTE]

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Old Dec 16th 2007, 12:45 pm
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Default Re: Holidaying in the USA with a possible criminal conviction???

Many lawyers who post on boards often have to state they are a lawyer for legal reasons. Sometimes they have to publish a legal disclaimer saying 'this is "legal information" and not "legal advice"' because of the rules surrounding legal advice, attorney-client confidentiality, ethics regulations and misrepresentation statutes.

My disclaimer would be something like: I am an attorney registered with the Bar Association of my state, but I don't practice as a lawyer so don't listen to anything I say if you are smart.

(I actually am an attorney along with other things)
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